FMT: Sabah, North Borneo the 81st Province of the Philippines

Explosive article written by Free Malaysia Today writer Mariam Mokhtar called Sabah North Borneo as the 81st Province of the Philippines for her article titled "Welcome to the Philippines 81st province"  January 25, 2013 Publication.

FMT NEWS: It is believed there about 1.75 million Filipinos in Sabah, who were allowed to settle in the state during Dr Mahathir Mohamad's premiership

People should be able to place their trust in the prime minister to head the elected government; some prime ministers achieve greatness, others are best forgotten. Many are mediocre, others gain international acclaim.

The future of one Malaysian prime minister might well lie in a cell. His crime? When he was in power, he did not act in the interests of the country, but was consumed by a passion to further his own political interests. He was prepared to sell his country to foreign nationals.

Last week, former prime minister Dr Mahathir Mohamad admitted in a press conference that he had authorised the provision of ICs to Filipinos. The Royal Commission of Inquiry (RCI) on Sabah revealed that between 1970 and 1984, around 73,000 Filipino refugees had been allowed to settle permanently in Sabah. Pundits claim that today, there may be around 1.75 million Filipinos.

In 2011, the opposition alleged that around three million Indonesians had been absorbed into Malaysia and given citizenship, with Bumiputera privileges and most important of all, granted full voting rights.

The Wikipedia entry for the Philippines states that there are 80 provinces which are grouped into 17 regions depending on their geographical, cultural and ethnological features.

With these allegations, Peninsular Malaysia might as well be known as the 34th province of Indonesia, and Sabah should be recognized as the 81st province of the Philippines.

Mahathir tried to deflect criticism from his "Project IC" by making unfair comparisons with the granting of citizenship to Malayans by Tunku Abdul Rahman. When he was stung by the criticisms of sullying the name of the Father of Independence, Mahathir tried to backpedal, but the damage was already done.

Malaysians don't really care about Mahathir's racial origins, his ethnicity or his religious conviction. They do mind his deception and the manner in which he helped propel the Ketuanan Melayu myth to the detriment of all races and religions in Malaysia.

He championed the Malays above everyone else, but left out other Malaysian-born citizens, and tagged them with the "pendatang" label.

His adherence to his Malay bloodline, whilst ignoring his equally noble Indian ancestry, is what has probably made many people despise the Indian Muslims, through no fault of their own. Many disparaging remarks which appear to be directed at all mamaks, are in reality directed solely at Mahathir.

Private kitty

Mahathir used the ISA and Operasi Lalang to silence his critics. He created heavy industries and installed his own cronies in these ventures. He treated the Treasury like his own private kitty, bailed out favoured people, and thought nothing of losses being borne by the taxpayers. He brainwashed Malaysians, especially the Malays, into accepting a two-tiered society.

Mahathir asked us to "Look East" because of his personal spat with the West, but unbeknown to us, he did a private deal with Margaret Thatcher in the Pergau Dam scandal.

It is laughable that anyone should think the British will come and rescue Malaysia, like the cavalry charge in the cowboy movies.

British Prime Minister David Cameron and his government are more interested in flogging their old weaponry to Malaysia, saving their firms in an economically stagnant Europe and rejuvenate their flagging property market with Malaysian EPF money.

During Tony Blair's time, the Serious Fraud Office (SFO) was told to halt its investigations into the BAE arms sale to Saudi Arabia. Allegations of kickbacks to a Saudi prince proved embarrassing and Blair claimed that he was acting in the "national interest". Will Cameron be any different?

Recently, some professionals revealed that in their student days, they were not awarded scholarships or loans for further studies because they did not show allegiance to Umno, or that their parents were not pious Umno Muslims.

These are revelations from Malays who did not have the right connections but were able to scrape up just enough money to pay for their own education. Anyone who thinks Umno helps all Malays is deluded. Umno only assists Umno Malays.

The Sabah RCI has revealed that Umno is not concerned about illegal immigration. It places more value on being in power. Mahathir and Umno were prepared to sacrifice the harmony of the Sabah people and manipulate its history. What happened in Sabah will probably be proven to hold true for Sarawak and Peninsular Malaysia. Will Najib Tun Razak hold similar RCIs for them?

When the RM17.7 billion Iskandar Malaysia project was launched in Johor in 2006, a visibly angry Mahathir said: "After the land is sold, the Malays will be driven to live at the edge of the forest and even in the forest itself. In the end, the area in Iskandar Malaysia will be filled with Singaporeans and populated with only 15 percent Malays."

Real justice

These words have now come to haunt Mahathir as the RCI has exposed his treachery; but Malaysians have to ask themselves what sort of a country they want to live in.

Last week, Mahathir tried to justify his action of granting MyKads to foreigners by saying, "Malaysia accepts foreigners to become citizens provided that they meet certain conditions."

Try telling that to the hundreds of thousands of Malaysians who live overseas. Families are torn apart because of unfair practices promulgated by Mahathir's Bumiputera only policies. These people were shunned despite being Malaysians who were born and brought up in Malaysia. They were treated shabbily. In the end, Malaysia lost a valuable resource.

Mahathir also said of the Project IC Filipinos, "Many of them in Sabah were not there for a day or two, but 20 or 30 years and can speak Malay. They have the right to be citizens."

Again, tell that to the thousands of Malaysians who are forced to live outside Malaysia, because their foreign-born spouses are considered persona-non-grata, despite being highly skilled and able to speak Malay.

As usual, none of this applies to the very rich or the very poor. People with money are welcome provided their wallets are always open. The very poor are welcome provided they vote for Umno.

Mahathir's lust for political power has left a humanitarian crisis in Sabah, and we are left to clear up the mess.

Najib should ensure that the Sabah RCI is not another whitewash like the Teoh Beng Hock RCI. He should prove that he is a firm leader by bringing Mahathir to justice. Real justice, not the sham justice which we have come to associate with the Malaysian courts.

Mariam Mokhtar is a FMT columnist.

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DOST ₱1 Billion, Phildev ₱5 billion Philippine PC Tablet Manufacturing for $100 each

"I look forward to the day when there's no longer imported PC (in the Philippines)." – Dado Banatao at the Gonegosyo Technopreneurship Summit. (Go Negosyo photo)

Very impressive and ambitious plan which been started the fund raising for the first Philippine design personal computer and pc tablet manufacturing initiated  Philippine Development Foundation (Phildev).

Reported at the Manila Bulletin (Friday) Philippines Can Supply PC Requirements would mean that the Philippines would stop relying on imported computers from china's low quality pc and would make the Philippines as a global supplier for affordable but good quality computers.

Manila Bulletin: With a skilled workforce capable of doing difficult chip design, this seemingly far-fetched vision is not impossible as the Philippine Development Foundation (Phildev) has already started planning this.

The Philippines should one day supply 100 percent of its own PC (personal computer) needs instead of shipping these in from South Korea, Taiwan, or China, according Silicon Valley-based technology entrepreneur Diosdado Banatao.

With a skilled workforce capable of doing difficult chip design, this seemingly far-fetched vision is not impossible as the Philippine Development Foundation (Phildev) has already started planning this.

Phildev is raising ₱5 billion from the private sector for this megaproject of which more than ₱500 million has already been raised.

"This (tablet computers) is a project we started last year. The tablet computer is just one component," said Banatao in an interview at the sidelines of the Go Negosyo Technopreneurship Summit.

"I look forward to the day when there's no longer imported PC because we're designing one. We have to gain confidence in developing products that are very viable. That's how developed countries did it, and we're buying their products"

The tablet computers are envisioned to be distributed to public schools at a very cheap cost at perhaps around $100 per unit. Software will be developed with the Department of Education and Department of Science and Technology. Government is reported to have also allocated around ₱1 billion for the project, but cost may be much more considering infrastructure requirement.

"By the time we're done deploying this, it will be a lot of money. The tablet is just one component of the project, there's infrastructure. Communication, long distance wifi, tablet, network – this whole thing will be needed by the Philippines," he said.

The Philippines must access the global market if it has to grow in technology ventures and bring a lot more wealth, said Banatao who founded Silicon Valley startups Mostron, Chips and Technologies, and S3 Graphics through which their IC design .

Investments should be made to become competitive in technology equipment, including PCs, in three parameters — performance, power consumption, and cost.

"In your smartphone, you'll see a bunch of chips. I've been kind of curious how many dollars were invested in making those work — with those three parameters. Roughly $3 billion were invested to make that smartphone work," said Banatao who design and manage design of chips that are now found in PCs and other electronic equipment.

There should be a complete intermarriage between business and science where workers have strong grasp on basic disciplines-- primarily math and science. The education system should be reformed for this.

"It is disappointing some schools are being guided more by business than learning. If some schools understand what parents go through to send their kids to school, they will put more content in the kids' minds because the parents pay for it."

Intensive technical education is inevitable if the country has to take off economically

"What we do at Phildev is we're working with government to attack this (commercialized education). If you look at the curriculum, and there's no depth in science, you should worry you're not getting the return for your money," he said, stressing it's through technology that Japan and Germany arose from destruction in previous wars.

"Japan became the number two economy within less than 20 years after World War II because they're deep in technology."

In Silicon Valley, where there are no unions because enterprises pay for brains and hardwork, technology innovators dig inspirations from the basics, according to Banatao.

"When I was at Mapua, we always had a set of problems at the back of each chapter. I solved all the problems in the book, whether Physics, Math. I did this twice – once before the test and another before the finals. I know that's severe, but that's me. Somehow I thought there should not be problem I can't solve.

That shows excellence one can strive for," he said.

"I brought that practice to Stanford where I was competing with top one percent of students in the world."

Banatao's Tallwood Venture Capital, a startup funder, has more than $600 million in investment portfolio in technology enterprises. Tallwood has a local affiliate investing here, Narra Venture Capital represented by Dr. Paco Sandejas.

"The biggest companies in Silicon Valley grew because they're practicing entreprenereurs grounded in deep technology. There are no compromises in wanting to use or acquire that knowledge," he said.

The wifi technology is also continuing to evolve — so that Silicon Valley companies are doubling capacity of data transmission.

"We're continuing to put a lot more money for wifi. It's just a matter of time, and (the technology) is potentially violating Shannon law. Probably we'll spend about half a billion dollar. You'll see that it's impact on people's lives is amazing," he said.

The challenge to practice expertise in a technology craft should drive many to entrepreneurship.

"There's no job here that can really challenge me, so I left for the US. That confidence will allow you to become an entrepreneur. It's not easy to become an entrepreneur especially when you deal with technology. Chances are you will fail in nine out of 10."

Among the success factors to technology entrepreneurship are a compelling need — if someone has long been looking for this product for a long time until one's product comes; execution — a cohesive plan for the first year, second year and so on; and a strong technical and management team. This team is pertinent in bringing in the funding as this team's payroll would also require a significant amount while the company is still struggling to survive .

The creation of a market for a technology startup is really a painstaking effort. It can take five to 10 years to create a market. On the other hand, an existing market for an existing product would give an entrepreneur readily-available data on the market.

"You think you can create a market. But I advise startups 'Don't do that. It can take five to 10 years to create a market. The nice thing with the market if it's an existing market is it has a lot of data. Market research is crucial. It's easier to develop a product based on existing markets with identifiable needs."

There may be successful technology entrepreneurial successes like that of Facebook's Mark Zuckerberg.

But most of the time it takes more years to create a market, Banatao said. It took Bill Gates, for one, 15 years to develop the PC, and it took Michael Dell, Dell Inc. founder who is now $14 billion worth, some time too in developing direct marketing for the PC.

One has to offer something really good amid competition.

"There is something positive and negative in any market. There are a lot of players you can compete against. If you bring in something good to that market, you have markets right away. But with strong competition, you have to be that much better. It's hard."

"The key thing is in identifying a need. It has to be very compelling – a way to gauge that is if someone says 'This is what I've been looking for — that's a definition of compelling. No one has addressed that need."

Venture capitalists should be present to finance startups even while it is yet to achieve profitable operation.

"You either commit to be that good, or you get out. It's a relentless effort, and that's where the investors come in. They have to continue to support you if you need more money because its relentless."

Planning is important in ensuring that one's product does not go obsolete.

"I want a situation where I make my own product obsolete."

Monitoring of key results in a technology enterprise is a constant challenge.

At Tallwood Ventures, the key results and targets are right in front of each staff, Banatao said. Each staff has to come up with weekly reports, and part of that report are monthly objectives that came out of the operating plan.

"Every employee should be working on some objectives. It has to be that accurate."

There should be a strategic planning the result of which is a product roadmap. However, when there is a need to change plans, change should be done.

Tallwood invests in the semiconductor and related industries.

Its investment portfolio in technology enterprises includes Accent, offering communication and metering technologies for the Smart Grid industry; Alphion, photonics component manufacturer; Amulaire, engaged in metal injection molding processes; Astute, advanced storage processor company; and Audience, Sandbridge, and Tram, fabless semiconductor firms.

The others are Sirf, developer of silicon and software platform for high-quality digital audio-video; Wave Semi, low power programmable solution provider; Wilocity, gigabit wireless solutions enabler; Stream Machine, MPEG-2 video recording supplier; Silicon Clocks, timing products maker; and Rio, optical transmitter manufacturer. (http://bit.ly/Y63LBF)

Manila Bulletin 

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SUBMISSIVE & Overflowing PATIENCE of the Philippines to China’s bully landed up to UN Tribunal

By: Prince Dan We

The ill-equipped, small Island Nation and Archipelagic State of more than 7,100 Islands, the Philippines played its vital role in peaceful resolutions for china's invasion in the West Philippine Sea (South China Sea) territories for decades but still failed as china will not cooperate and severely bully this small country resulting to exert the last recourse to seek help from the United Nations.

China as one of the top 3 trading partners of the Philippines always enjoyed so much favor and pampered by the Philippine Government to flourish the importance of friendship and being neighbors and also a historical and ancient trading partner to the Southeast Asian Nation we back since 982 AD onwards as recorded in the history after a merchants from "Ma-i" (now as "Mindoro") brought their first wares to Guangzhou China that invites china to see the existence of the small scattered island kingdoms and begin trading with the several small kingdoms exist of what we called now " group of more than 7,100 islands, the Philippines".

The history says the Philippines and China was once best friends and trading partners since the 982 AD but gradually changed after the perception of the communist china in the present time switched from best friend to an invader and seeks to expand its territory and to take control the territory of the old best friend (A betrayal to a trustworthy friend).

China did not even see and doesn't have any "know how" that the small and scattered kingdoms exists of what we called now Philippines if the traders from "Ma-i" (now as "Mindoro") did not brought their wares to Guangzhou China opposite from china's claim that they makes expedition and discovered the Philippines so now they claimed the Philippines' territory because they are the one who firstly discovered the islands.

The old best friends now turn into a territorial competitor for the hottest territorial disputes in Asia that ends up to severe bullying from the giant china.

The world even noticed how submissive and how deep is the patience of the Philippines to stand and remain calm from the severe bullying of the Asia's giant.

To take note, the Philippines already showed several very unacceptable way of obedience to china's demand just to preserve that friendship resulting to severe bully by illegally taking controls to some Philippine territory and claiming most part of the western part of the country.

Laguna Copperplate Inscription (LCI), the first written document found in a Philippine language. The inscription itself identifies the date of its creation as the year 900AD. When in 1989 Antoon Postma deciphered the text of the Laguna Copperplate Inscription at the National Museum of the Philippines, he discovered that the inscription identified the date of its creation as the "Year of Syaka 822, month of Vaisakha." According to Jyotisha (Hindu astronomy), this corresponded with the year 900 A.D. Prior to the deciphering of the LCI, Philippine history was traditionally considered to begin at 1521, with the arrival of Magellan and his chronicler, Antonio Pigafetta. 

Philippines' submissive action to China's illegal activity in the territory

Illegal Fishing

To avoid a mass discontent to the Philippines government, the previous administration itself tried to hide to the public the reality that china's fishermen are fishing in the Philippine waters which makes the Philippines fishermen think that the Philippine territory where they fish is also a common ground for fishing between china and the Philippines and they both fish harmoniously with Chinese fishermen as acting dominant in the Philippine waters as they are using bigger fishing boats compared to the Philippine small wooden fishing boats.

The China's illegal activity in the rich fish stocks Philippines waters is actually a violation of Philippine law but the Philippine government because of its weakness tolerates the Chinese' illegal activities in the country and keep quiet and avoid the issue to be open in the public but because of the freedom of communications and SMS/texting is available, Filipino fishermen disclosed it to the public resulting to a public outrage to the Philippine government's ineffectivity which giving pressure to the recent administration to act in accordance with the law and tried to find solutions to regain the public trusts.

It could be late or not yet too late but the Chinese fishermen already used to it that they are free to fish in the Philippine waters which they think now that they also owned the area as the Philippine government tolerates them to do so for several decades.

The Philippines is just very lenient in nature in sharing its resources to the neighbors as the culture of giving is well-practiced by every Filipinos. It's not just China actually enjoys the freedom to fish in the Philippine waters but also Vietnam which they even used to reached up to Palawan to fish. In the South, the Philippines and Indonesia also enjoys sharing of their waters to fish in both areas in Celebes Sea. The spirit of giving in both countries for their caught fish is still even enjoyed by both fishermen for Philippines/Chinese or Philippines/Vietnamese even the territorial disputes begun. It is just the government complicate the issue for the business and economic interest but the ordinary people in both countries still enjoyed giving and fishing harmoniously.

Territorial invasion

It has been documented in 1995 during the time of former President Fidel Valdez Ramos when the Philippines discovered the illegal occupancy of Chinese fishermen in the Panganiban Reef or also known as Mischief Reef, a 75 miles from Palawan.  The Philippines wants the Chinese fishermen to dismantle their hide-out but China talked to the Philippines to allow their fishermen use the area for shelter. Since the Philippines still enjoy TRUST and FRIENDSHIP with china, President Ramos allowed them to stay but a surprise burst out to the Philippines when the Filipino Fishermen fishing near the Panganiban reef were captured and jailed by Chinese Military for a week, then China build a Military garrison there and claimed the Panganiban reef as China's territory inside the Philippines. (How untrustworthy china is)  

On July 2012 china's invasion incident happened in Zambales Province in Panatag Shoal or also known as Scarborough Shoal / Bajo de Masinloc (Spanish) when the Philippines restricting the law for the protected and endangered species and the Philippines Coast Guard discovered that china are poaching inside the Philippines territory where boarding of the Philippine Coast Guard to the Illegal poaching Chinese fishermen happened then China's Paramilitary ships patrolling inside the Philippine Waters come to the rescue and blocked the Philippine Coast guard from detaining the illegal Chinese poachers.

The standoff between china and the Philippines occurred but the Philippines is determined to deescalate the tension as part of peaceful procedure both agreed to leave the area because of the approaching typhoon and both china and the Philippines leave the Panatag Shoal.

Another surprised to the Philippines is after the agreement of the 2 to leave the Panatag Shoal, the China indeed leave but suddenly returned back to Panatag Shoal and install a blockade to the passageway so the Philippines could no longer enter the area.

China is so much showing their untrustworthiness in the region that their words are unrealistic and they are cruel opportunistic. They always do against what has being agreed.

Illegal occupancy in its own territory

The incidence in the Panganiban Reef / Mischief reef is not a lone incident of China's bully to the Philippines.

Even though the Panganiban Reef is just 75 miles from Puerto Princesa City of Palawan and well within 200 nautical Miles Exclusive economic Zone of the Philippines, China entered and exercise their law power inside the Philippine territory by capturing Filipinos fishing inside the Philippines and jailed them.

Other popular issue when Chinese navy attacked the Philippine- British Oil Exploration Firm in the Recto Back /Reed Bank near Palawan and within 200 Nautical miles EEZ of the Philippines.

The Philippine plan to develop the oil resource rich area in its EEZ is blocked by china which is very unlawful. The abused of being giant and being powerful of china hit so much to the Philippines but still the Philippines remained calm and remain friendly to china not to angry the giant. What a very pity country Philippines in a claw of dragon china. The Philippine economy could grow even faster than the present growth if China will stop their illegal activities and exercising their illegal powers in the Philippine territory but the direction of china is getting worst and aggressive opposite from what the Philippines is hoping for.

Now, the Philippine fishermen are not allowed to fish in the Philippine territory in the Panatag Shoal area as Chinese navy will attacked them and would possible jail them as what it did in Panganiban reef. Filipino fishermen don't want to be held as criminal by the foreign invader in its own land.

During the Scarborough Standoff, Hongkong Ship killed Filipino fishermen in the Philippine "Payaw" or artificial fish sanctuary built by the Philippines.

The Last Recourse

Philippine Foreign Secretary Alberto del Rosario said the Philippines had elevate the conflict to the United Nations ITLOS, a decision came after Manila had exhausted all political and diplomatic avenues into the matter.

The tribunal of the UN Convention on the Law of the Sea will arbitrate whether the presence of China's activists in the South China Sea violates the Philippine's sovereignty, Reuters reported.

China might probably ignore the Philippines but Emeritus Professor Carl A. Thayer of Australia's University of New South Wales said that the tribunal may be able to move forward without Chinese participation

GlobalPost's Benjamin Carlson, reporting in Hong Kong, accused the Philippines as seems emboldened by the United States' implicit support, and has become remarkably assertive in its claims against China.

But the Philippines' action is not furtherly examined by the Globalpost reporter in hongkong that the Philippines is doing the last recourse because the Philippines could not afford that china will reign in all Philippines territory and will block the Filipino fishermen to fish in the Philippine waters and want to push back china as it is already stepping inside the Philippines and exercising its power illegally.

Already more than 2 thousand fishermen from Zambales Province are now jobless as they could no longer fish in the waters because china's paramilitary will attack them anytime.

"It will be interesting to see how it plays out, given that, in public, Chinese diplomats pay lip service to the international law, but if the UN were to rule against China, it's very hard to imagine them abiding by the ruling," Carlson said. "To be honest, China is similar to the US in that respect."

Hai Nguyen a Vietnam citizen commented in the Global Post article saying "As a matter of routine, China will lie about its baseless history of ownership, about willingness to negotiate and about peaceful resolution... but, enough evidences of their aggression and escalated hostilities... will mute their noises. Neighbors are watching the courage and effectiveness of the Philippines and the world is watching the bully China, closely."

However, even if the tribunal orders China to respect the Philippines claims, China could always choose to ignore it. But China could not escape from the International condemnation if it will not obey the Order if the United Nations to respect the Philippine Territory. Sanctions from the United Nation would probably hurt china's economy if it would remain adamant if UN will give a favorable decision to the Philippines.

There has been no reaction from Beijing over the request for a tribunal.

===

This is Prince Dan We, one of the Authors and Editors of the Rebuilding for the better Philippines. I want to leave to you the word for today as "In God We Trust" 

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Philippines: China Communist Law could not supersede United Nations’ UNCLOS

Reported in philSTAR, "House resolution supports Philippines' legal move vs. China"

The House of Representatives on Wednesday unanimously adopted House Resolution 3004 principally authored by Speaker Feliciano Belmonte Jr., which supports the arbitration case filed by the Philippines against China based on Article 287 and Annex VII of the United Nations Convention on the Law of the Seas.

The resolution likewise called on the entire nation to unite to protect the sovereign rights and jurisdiction of the Philippines in the West Philippine Sea.

The resolution co-authored by Majority Leader Neptali Gonzales II of Mandaluyong City and Minority Leader Danilo Suarez of Quezon cited that in order to protect its sovereign rights and jurisdiction over its maritime entitlements in the West Philippine Sea, the Philippines has no other recourse but to institute compulsory arbitration proceedings against China under Annex VII of UNCLOS.

It stressed the Philippines, in the spirit of good and friendly relations with China, has exhausted almost all available tools through its three-track approach – political, diplomatic, and legal – to peacefully settle the dispute in the West Philippine Sea.

But China declined the earlier invitation by the Philippines to bring the matter peacefully under any of the available dispute settlement mechanisms under Part XV of UNCLOS, it stated.

The resolution said UNCLOS prescribes the maritime entitlements of coastal states as well as their rights, jurisdiction and obligations over these maritime entitlements

As parties to the UNCLOS, both China and the Philippines have to fulfill in good faith the obligation to exercise the rights, jurisdiction and freedoms recognized under UNCLOS in a manner which would not constitute an abuse of right according to the resolution.

"China violates not only the rights and jurisdictions of the Philippines but also of other coastal states by claiming virtually the entire South China Sea through its nine-dash line claim. China further violates the rights and jurisdictions of the Philippines through its continuous aggressive assertion of its nine-dash line claim in the West Philippine Sea,' the resolution said.

Earlier, Foreign Affairs Secretary Albert del Rosario said the country has taken the step of bringing China before the Arbitral Tribunal in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea.

The DFA chief also said Manila is hoping that the arbitration tribunal will direct China to respect the Philippines' sovereign rights and jurisdiction over its EEZ, continental shelf, contiguous zone, and territorial sea over the West Philippine Sea.

Arbitration has been defined both by the 1899 and 1907 Hague conventions as "the settlement of differences between judges of their own choice and on the basis of respect for law."

An arbitration tribunal may be composed of a single arbitrator or a collegiate body. Contracting parties would have to shoulder arbitration costs.

As for the cost of the proceedings that the Filipino people would have to pay for, Del Rosario said "one cannot put a price in the concerted effort of the Filipino people and government in defending our patrimony, territory, national interest and national honor."

He said the arbitration proceedings may last between three and four years. Arbitration, however, would have to be approved by both parties.

China has consistently refused to discuss the territorial row under any arrangement save bilateral negotiations between the Philippines and China.

Zhang Hua, Deputy Chief of Political Section and Spokesperson of the Chinese Embassy, said the "disputes on South China Sea should be settled by parties concerned through negotiations."

"This (settlement of disputes through negotiations) is also the consensus reached by parties concerned in the DOC (The Declaration on the Conduct of Parties in the South China Sea)," Zhang said in a text message sent earlier to PhilStar.com.

Huff Post: China, the Philippines and the Rule of Law

As a rising global power, and being the largest and most important economy and military power in Asia, the People's Republic of China (PRC) has had the luxury of being able to do more or less whatever it wants in challenging its neighbors over disputed land and oil and gas claims -- knowing that in all likelihood, it would not be challenged. That dynamic is now changing, with Japan vigorously contesting the PRC's claim over the Senkaku Islands and the Philippines taking its claim over the Spratly Islands to court.

Earlier this week, the Philippines notified the Chinese Ambassador in Manila that it was pursuing "compulsory process" under Article 287 of the United Nations Convention on the Law of the Sea (UNCLOS). According to Foreign Affairs Secretary del Rosario, the "Notification and Statement of Claim" will initiate arbitral proceedings under UNCLOS over the merits of the PRC's claim to much of the South China Sea (known as the West Philippine Sea to Filipinos). The suit was immediately recognized as the first "legal case" against the PRC over a number of territorial and maritime disputes with its neighbors, many of them members of the ASEAN. In initiating arbitration, Del Rosario stressed that the Philippines has exhausted virtually all political and diplomatic avenues for a peaceful negotiated settlement since 1995, thus requiring the commencement of the arbitral suit.

The threshold question really is whether the PRC can be bound by UNCLOS courts and tribunals, including its arbitral panels. The PRC ratified UNCLOS in 1996, but in 2006 the Chinese government filed a statement with UNCLOS saying that it "does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a), (b), and (c) of Article 298 of the Convention." These provisions of the Convention refer to "Compulsory Procedures Entailing Binding Decisions" issued by at least four venues: the International Tribunal on the Law of the Sea, the International Court of Justice, an "arbitral tribunal" which may refer to the Permanent Court of Arbitration (PCA), and a "special arbitral tribunal."

While there are venues available for the resolutions of disputes under the UNCLOS regime, the PRC does not wish to be bound by its compulsory processes -- the ICJ and PCA included. In essence, it wants to be able to pick and choose which statutes of the treaties it has voluntarily signed it wishes to adhere to, and be free to ignore those that it finds 'inconvenient.' Can a state remain a party to a treaty or convention without being bound by its rules? Can contracting states adhere to an international legal regime and simultaneously opt out of any binding force required or to be required by that regime?

The PRC knew this day would come. Its 2006 statement effectively served as a "reservation" against any binding outcome of UNCLOS's grievance procedure in the future. It is worth pointing out that international law does accord states the freedom to disclaim whole corpuses of treaty rules through irreducible principles of self-determination, state independence, and state sovereignty. In short, the PRC can decide to opt out of treaty rules which it considers to be inconsistent with national or domestic policy, and it did so in the manner required by the treaty.

Del Rosario actually concedes the PRC's 2006 reservation, and did not attempt to take any exceptions, at least at the time the Chinese Ambassador was served with notice. Del Rosario said: "... The Philippines is conscious of the PRC's Declaration of August 25, 2006 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that the PRC has, by virtue of that Declaration, excluded from arbitral jurisdiction."

The Philippines' attempt to haul the PRC to an international tribunal is a problem because it is invoking the very compulsory jurisdiction which the PRC has disavowed since 2006. But even if the Philippine attempt to arbitrate fails, any marshaled argument can subsist, and that case may be fielded in other venues. If military activity were to flare up, the same case can be brought to the United Nations Security Council -- the principal repository of enforcement powers under the UN system. A state can be found to be in violation of a substantive legal norm even without a coercive or compulsory judgment in a given venue, provided of course that there is truth to the argument supporting a violation and is appreciated by the alternative venue.

While the PRC disavows UNCLOS against the Philippines, it is expressly invoking UNCLOS provisions in its claims against Japan -- so it wants to have its cake and eat it, too. In 2009, the PRC submitted a claim over the Senkaku Islands (which, like Scarborough Shoal and the Spratlys, are believed to be fuel rich) and turned to UNCLOS rules in defining and delineating its continental shelf beyond the 200 nautical mile exclusive economic zone, again within the meaning of UNCLOS. There is some international legal doctrine supporting the view that a state's acts in one place can be used as an admission and adversely bind that State in another set of circumstances.

The larger point is that the PRC has not personified the Rule of Law in this case, or in others related to maritime borders, and wants to be able to 'cherry pick' which provisions of international treaties it will willingly comply with, and which it will not. That is behavior unbecoming of a rising global power and will make states which are signatories to treaties with the PRC wonder if its signature is worth the paper it is printed on. This cannot be in the PRC's long-term interest. While it is too early to say whether the Philippine arbitration claim will prevail in court, the PRC will certainly not prevail in the court of international public opinion.

Daniel Wagner is CEO of Country Risk Solutions, a cross-border risk management consulting firm based in Connecticut (USA), and author of the book "Managing Country Risk".

Edsel Tupaz is owner of Tupaz and Associates and a professor of international and comparative law, based in Manila, Philippines. He is a graduate of Harvard Law School and Ateneo Law School.

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AUSTRALIA: UN Tribunal could move forward without China participation for Moral Victory of the Philippines

Philippine Foreign Affairs Secretary Albert Del Rosario has asked an international tribunal to intervene in its long-standing South China Sea territorial dispute with China, January 22, 2013.

God is always with the Philippines that is why WE are one of the most optimistic and among the happiest countries in the world as our Almighty Father will never missed his blessings to his people so every Filipino could wear a beautiful smile and a laugh of satisfaction every day.

While writing this article to share to you, I also wear a beautiful smile and praising our almighty God that HE did not leave us alone with the China's invasion in our country. God will really Make a way.  

The BOLD action of our great Foreign Minister Alberto del Rosario to defend our territory is another milestone for our Moral Victory as it is already expected that the United Nations Tribunal will order China to back-off and push back to their shore and must obey the UNCLOS and must respect the sovereign country' 200 Nautical Miles Exclusive Economic Zone which could save our Panatag Shoal or Scarborough Shoal in Zambales Province and Panganiban Reef or Mischief Reef in Palawan within 4 years time from now.

Australia as a friend and a Philippine ally who won a chair in the United Nations recently clearly informed the VOA that the United Nations Tribunal could move forward without Chinese participation.

On Tuesday, January 22, 2013 - UN Secretary Ban Ki-moon called for an "amicable" settlement to a mounting West Philippine Sea territorial dispute between China and other Asian nations.

Asked about the Philippines decision to refer the case to a UN tribunal, Ban said that he has been following the dispute "carefully" but "It is important for those countries in the region to resolve all these issues through dialogue in a peaceful and amicable way," he said.

Ban added that the United Nations is ready "to provide technical and professional assistance, but primarily all these issues should be resolved by the parties concerned," the UN leader added, carefully avoiding backing any country involved.

Though UN Secretary Ban Ki-moon said that "these issues should be resolved by the parties concerned" which sounds favorable for china's call for only "One on one negotiation and no international intervention" but if the Philippines has voiced its complain to the UN Tribunal then it means the United Nations is set and bound to decide the case within 4 year time with or without china as soon as the formal complain is received as mentioned by the Emeritus Professor Carl A. Thayer of Australia's University of New South Wales that the tribunal may be able to move forward without Chinese participation.

This is a new seeds of hope that is set to be planted by our great Foreign Minister Alberto del Rosario. If Foreign Minister Alberto del Rosario has officially lodge the complain to the UN Tribunal then we could start counting for 4 years from now to have a favorable decision from the United Nations as what they did for the Benham Rise, Otherwise we should wait for nothing but losing out territory forever.

Voice of America (VOA) published article Tuesday titled "China Likely to Ignore Philippines' Challenge in South China Sea" is another word of hope for the Filipinos as china's avoidance from the international court will just prove that that they could not support or back-up their claim with legal bases that would just harmed their image in the international community.

The United Nations Tribunal could not ignore the Philippine' call for assistance as it is the proper and peaceful solution in solving disputes otherwise, the strong countries would be use to invade any small countries and WAR would become a culture of the world and it is not the goal of the United Nations. 

As the Philippines are already running-out of peaceful option to solve the disputes with china and raising the last recourse by asking help from the United Nations; China also are out of option than to face the United Nations with the Philippines to solve the disputes.

China could not wage a war with the Philippines as it could invoke the US-Philippines Mutual Defense Treaty and USA with Japan and Australia would be forced to use their combined force to punish china.

The virtual occupancy of China in the Scarborough Shoal and the Panganiban Reef or the Mischief reef in Palawan which was illegally occupied since 1995 could just be temporary and would set to end in 4 years time.

If this will happened then, it's another victory of President Aquino's administration that WE could oust china in a peaceful means and could be a model in the world that there is a law and guidelines to be followed by every nation according to the Internationally Accepted laws and principles. (Do you think that Pres. Aquino could be still our Philippine Leader after 4 years from now?)

23^rd January 2013 – Voice of America (VOA): Analysts say China will likely ignore the Philippines' decision to take a long-running territorial feud to an international tribunal, continuing its insistence on solving maritime disputes without third party involvement.

Philippine foreign secretary Albert del Rosario said Tuesday his government will take the issue to an arbitral tribunal under the U.N. Convention on the Law of the Sea (UNCLOS), which has been ratified by both countries.

The Philippines wants the panel to reject China's claims to nearly the entire South China Sea. It is also challenging what it says is China's "illegal" activity around reefs and rocks it says are part of Manila's exclusive economic zone under the U.N. convention.

Most observers say China will almost certainly not agree to participate in the panel, in keeping with its long-standing policy of solving territorial disputes through direct negotiations.

Carl Thayer of Australia's University of New South Wales tells VOA the tribunal may be able to move forward without Chinese participation. He says the Philippines hopes a favorable decision would give it a moral victory.

"It's [a case] that not only has the legal side, but also has a strong moral suasion. If the tribunal ruled even partly in the Philippines' favor, it would deflate China's claims and give more legality and international cover to the Philippines."

But Thayer says the court's decision, though technically "binding," could easily be ignored by China, since there is no mechanism included to enforce any possible ruling.

Sam Bateman, a maritime security expert, acknowledges China's refusal to participate in the tribunal "probably won't be a great public relations success." But he tells VOA that may be exactly what the Philippines government is aiming for.

"I see it in many ways as a bold gesture by the Philippines, hoping that China will respond negatively," says Bateman, a senior fellow at the S. Rajaratnam School of International Studies in Singapore, who described the move as Manila's "attempt to take the high ground."

"If China were to choose to opt out [of the tribunal], of course this would lead to another round of perhaps international condemnation, you know another example of China's assertiveness and lack of preparedness to operate, and those sort of things."

But Bateman says all countries, including China, have the right under UNCLOS to opt out of arbitration that involves binding decisions on issues related to maritime boundaries and sovereignty disputes.

That appears to be the route chosen by Beijing. On Tuesday, the Chinese ambassador to the Philippines reasserted China's "indisputable sovereignty" over waters in the South China Sea, saying China supports a negotiated settlement "through peaceful means."

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This Prince Dan WE would leave you a message of Hope for today "GOD IS GOOD ALL THE TIME; AND ALL THE TIME GOD IS GOOD"

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AUSTAL Ship: Building relationships in the Philippines for warship order?

Philippine President Benigno Aquino and Austal Engineering's new CFO Greg Jason unveiling a plaque to officially open the company's shipyard in Cebu, the Philippines

Building relationships in the Philippines

Three years ago, Perth-based shipbuilder Austal's new chief financial officer, Greg Jason, discussed his career aspirations with chief executive Andrew Bellamy, who told him he needed more operational experience if he wanted to become finance chief.

He subsequently took on the role of chief operating officer Asia, based in the Philippines, where he has been overseeing the mobilization of the Cebu shipyard.

When former CFO Richard Simons resigned in October Jason says he immediately put his hand up.

"I'd made a commitment to mobilize the Philippines shipyard and that was almost completed so the timing was pretty good," he says.

"Now I have been responsible for delivering the numbers not just commenting on them."

Days into his new role, Jason gave Philippine President Benigno Aquino a tour of the Cebu shipyard at its grand opening.

He invited the president to attend the event after both men spoke at an Australian government-organized trade forum in October.

"The Philippines exports a lot of labor, and so many of the local workers are proud to be manufacturing and exporting something," says Jason. The president seems pleased to see that Austal is not just building in the country but transferring some intellectual property, he says.

In the long term, Jason hopes Austral will win contracts from the Philippine government.

To be successful offshore it is important to build relationships with stakeholders, including government agencies, by meeting face to face, he says.

"If you allow consultants and advisers to get in the way it becomes harder to articulate yourself, and harder to understand what the other side wants."

"The Philippines has worked hard to change its image as a more investment friendly country."

"People don't want to lose face so you have to be very careful to praise publicly and if there is any negative feedback which needs to be delivered coach privately. "

Jason relocated back to Perth late last month, but he expects to spend a considerable amount of time travelling to the Philippines and the US. (http://bit.ly/V5sXpJ)

Financial Review 

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Google open its fifth office in Southeast Asia in Manila

Julian Persaud says Google is in the Philippines "for the long term."

Google Opens Office in Manila

Google is expanding its presence in the Philippines, opening its first office in the increasingly Internet-savvy Southeast Asian country.

"The Philippines is a key country in Southeast Asia in terms of its digital economy and tech-savvy population," Julian Persaud, managing director of Google in Southeast Asia, said at an event Wednesday marking the milestone office in Manila. "This new office will allow us better engage with our local users, partners and advertisers."

Google's move reflects the growing use of the Internet in the Philippines.

According to a report by the Asia Digital Marketing Association, 33.6 million Filipinos tapped into the Internet in 2011. That's already about one third of the population. By 2016, the report said, 59 percent of the population will be turning to the Internet, for everything from shopping to building a business to connecting with friends.

Google opened its first regional office in Southeast Asia in 2007. It also has regional offices in Malaysia, Thailand and Indonesia. Google officials said they will hire some people, but didn't say how much the latest investment will be.

Persaud said Google will be in the Philippines "for the long term."

The move follows such Google activity in the Philippines as the launch of Free Zone, which allows those with Internet-capable mobile phone and a Google account to use Google services for free, including Gmail and Google Search.

Government Undersecretary Manuel L. Quezon III said he was pleased by Google's latest step.

"We are delighted that Google has decided to set up an office in Manila," Quezon said. "Their presence is a testament to their commitment to the Philippines. We hope that Google's entry will encourage more local businesses to go online and tap into international markets."

Narciso Reyes, who has more than 16 years of digital marketing and finance experience in Asia and the U.S., has been named country manager for the Philippines.

"We're excited to be deepening our investment in the Philippines with the opening of our office here in Manila," Mr. Reyes said.

"Our local team will be committed to providing better services to our Filipino users and to helping businesses — large and small — grow locally and globally, contributing to the growth of the Philippine economy,'' Mr. Reyes said.  "We envision Google as part of everyday Filipino lives and as a partner in the development of local communities, culture and business." (http://on.wsj.com/Xxqxja)

Wall Street Journal 

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Philippines Taking China's Invasion in the West Philippines Sea Fight to UN Tribunal Anew

Philippines Taking S. China Sea Fight to Tribunal

The Philippines took a legal step against China's claims to virtually the entire South China Sea on Tuesday, formally notifying the Asian superpower that Manila is seeking international arbitration to declare Beijing's moves in the potentially oil-rich waters "illegal and invalid."

Foreign Secretary Albert del Rosario said at a news conference that his department summoned Chinese Ambassador Ma Keqing and handed her a note notifying the Chinese government that the Philippine government is bringing both countries' conflicting claims to an international tribunal.

The move is likely to bring an angry response from China, the Philippines' third-largest trading partner.

Several countries claim parts of the South China Sea, and China claims virtually all of it. It has confronted Philippine ships in a standoff over the Scarborough Shoal, which both countries claim. The Philippines withdrew ships from the shoal last June and has since protested China's buildup.

There are fears that territorial conflicts in the region, including a dispute between Japan and China in the East China Sea, could spark Asia's next major armed conflict.

The Philippines hopes that arbitration through an arbitral tribunal operating under the 1982 United Nations Convention on the Law of the Sea would lead to a decision that would direct China to respect the Philippines' claims. But even if a tribunal ruled against China, Beijing could choose to simply ignore the ruling.

Del Rosario said that the Philippines made the move after previous diplomatic efforts to resolve the territorial rifts failed.

"The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime disputes with China," del Rosario said. He added the Philippine government hopes that the legal step it has taken "shall bring this dispute to a durable solution."

"We are all for improving our economic relations with China but it should not be at the expense of surrendering our national sovereignty," he said.

The Chinese Foreign Ministry in Beijing did not immediately comment, asking that questions be submitted by fax.

In the note handed by Filipino diplomats to the Chinese ambassador, the Philippines listed several aggressive moves it alleged were launched by China in recent years to fortify its territorial claims, including the occupation of South China Sea islands and the enactment of a Chinese law that would allow Chinese patrol vessels to block and board foreign ships passing through vast stretches of waters that Beijing claims.

Del Rosario said the Philippines' move was made independently of its ally the United States, which has called for a peaceful resolution of the claims and a guarantee that freedom of navigation will not be hindered.

Other countries clashing with China over South China Sea territory, including Vietnam, could benefit from the Philippine action without risking possible Chinese retaliatory steps. (http://abcn.ws/10DpWDH)

ABC News

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